Posts tagged with: "Enlarged-Board-of-Appeal"
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4 Jun 2010, 6:00 am
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for three alien workers for the position of “Senior Programmer Analyst. [read post]
14 Jan 2020, 2:40 pm
The admittance of evidence into appeal proceedings is left to the discretionary powers of the Board of Appeal (Article 12(4) RPBA). [read post]
11 Sep 2012, 5:01 pm
He also raises the objection that the apparent failure of the BoA to understand the scientific facts discussed during the appeal proceedings contravened the “technically qualified” requirement of A 21(4)a). [2.2] It is established case law of the Enlarged Board of appeal (EBA) that a petition for review does not open a further instance of appeal, but only provides the right for a restricted judicial review founded on a limited number of… [read post]
6 Aug 2013, 10:34 am
However, the West County Board of Zoning Adjustments denied plaintiff’s application for a new CUP, The County Board of Supervisors affirmed that decision, and the County stopped the work on the project. [read post]
2 Feb 2015, 2:20 am
* Disciplinary authority over the EPO Boards of Appeal: a former member speaksThe EPO saga has been extensively covered by Merpel, who gave the floor to the protests of almost the entirety of the internal members, and many (here and here) of the external members of the Enlarged Board of Appeal against the so-called "house ban" imposed on a member of the Board of Appeal, which were also… [read post]
13 Feb 2024, 12:30 am
The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). [read post]
8 Aug 2010, 3:01 pm
Similarly, it is implicit that the statement of grounds of appeal did not contain the [patent proprietor’s] complete case. [5] The [patent proprietor’s] arguments can be conveniently dealt with by reference to the recent jurisprudence of the Enlarged Board of Appeal (EBA) relating to procedural questions raised in petition proceedings under A 112a. [read post]
5 Dec 2011, 5:01 pm
The Enlarged Board of appeal has referred to the independent legal nature of the appeal proceedings in its decisions G 10/91, G 9/92 and G 4/93.Secondly, the statement of grounds of appeal presupposes that the appellant deals with the impugned decision. [read post]
4 Jan 2015, 2:47 am
For example the EPO Enlarged Board is presently considering the patentability of plants derived by essentially biological processes in G2/12 and G2/13 (see IPKat post here). [read post]
11 Jul 2013, 5:01 pm
The essential question therefore is when exactly the proceedings before the decision-making department of first instance had been completed in the present case.[3] In its decision G 12/91, the Enlarged Board of Appeal (EBA) decided that the decision-making process following written proceedings is completed on the date the decision to be notified is handed over to the EPO postal service by the decision-taking department’s formalities section (see Order and Headnote). [read post]
26 Jul 2022, 5:55 am
The Court considered that Turkey is bound by the EPC provisions as a member of EPO, but not by the case law numbered G5/83 of the EPO Enlarged Board. [read post]
26 Apr 2010, 3:02 pm
The lack of legitimate interest of an applicant in obtaining two patents for the same subject-matter - as invoked by the Enlarged Board of Appeal in decisions G 1/05 and G 1/06 - could not be invoked when the scopes of protection conferred by the respective subject-matters overlap only partially with each other as there was no manifest objective reason to deny the legitimate interest of the applicant in obtaining a protection different from - although partially overlapping… [read post]
15 Nov 2022, 6:21 am
The Objectors appealed the zoning board’s decision to the Superior Court, where the lower decision was determined to be supported by the evidence on the record, and was ultimately upheld. [read post]
4 Nov 2010, 4:01 pm
A computer program comprising computer program code means adapted to perform all the steps of claims 1 to 4 when the program is run on a computer. [4.1] The opinion of the Enlarged Board of Appeal (EBA) in case G 3/08 [headnotes 6 and 7] found inter alia that there was no divergence between decisions T 424/03 and T 1173/97 which would make the referral to the EBA. [read post]
29 Jun 2012, 5:00 am
In a trademark opposition or cancellation at the Trademark Trial and Appeal Board (TTAB), one of the elements of the first stages of the proceeding is “initial disclosures” from the parties. [read post]
10 May 2017, 9:43 am
The Court affirmed the decision of the Board. [read post]
20 Aug 2011, 11:01 am
As the remittal is the consequence of a substantial procedural violation, the reimbursement of the appeal fee under R 103(1)(a) is equitable in the Board’s judgment.Should you wish to download the whole decision, click here.You can find the file wrapper here. [read post]
30 May 2010, 3:01 pm
But this element does not really bear on the logic of G 2/97. [1] In its decision G 2/97 [4.1-2], the Enlarged Board of Appeal (EBA) held that the principle of good faith does not impose any obligation on the board of appeal to notify an appellant that an appeal fee is missing when the notice of appeal is filed so early that the appellant could react and pay the fee in time, if there was no indication – either in the notice of… [read post]
30 Jan 2012, 5:01 pm
The Board found the new main request not to be a case of double patenting:[3.1] Prohibition of double patenting the subject-matter of the same claims as those of the parent patent was the sole ground for refusing the present application […]. [3.2] In its decisions in cases G 1/05 and G 1/06 handed down on 28 June 2007 the Enlarged Board of Appeal (EBA) held obiter (see point [13.4] of the identical Reasons): “The Board accepts that the… [read post]
19 Jun 2014, 4:15 am
The new patent challenge proceedings of the AIA are conducted before the USPTO’s Patent Trial & Appeal Board (PTAB) and must conclude, by statute, within 12 months of trial order. [read post]
